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(영문) 창원지방법원 2019.09.19 2019고합85
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an English instructor working in the CAH located in the window B of Changwon-si, and the victim D (the family name, the female, the age of 15) is a student of the said Institute.

1. On August 2018, the Defendant committed an indecent act against a juvenile, by force, at around 21:00, on the part of the victim, following the victim’s second part of the victim’s shoulder with his/her hand while serving in the English classroom of the said private teaching institute.

2. On September 3, 2018, the Defendant committed an indecent act against the victim, who is a juvenile, by force, following the victim’s rear who read the English language while engaging in an individual class in the English class of the said private teaching institute at around 21:00.

3. On September 4, 2018, the Defendant, at around 21:00, continued to take charge of both sides of the victim’s shoulder with both hands, while running his/her personal lessons in the English classroom of the above private teaching institute. At around 21:00, the Defendant continued to take charge of both sides of the victim’s shoulder with his/her hands.

When the victim was aware of the body, the defendant dump dump dump dump dump dump dump dump, and the defendant dump dump dump dump dump dump dump dump dump dump dump dump.

Accordingly, the defendant, by force, committed indecent acts against the victim who is a child or juvenile.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and F;

1. Statement by the prosecution concerning D;

1. D's statements and stenographic records recorded in a statement video CD;

1. Inspector;

1. The police statement concerning F;

1. Investigation reports (Submission of the father of a victim's dialogue content), the register of counseling teachers, and the application of Acts and subordinate statutes governing health care areas;

1. Article 7 (5) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act, which provide for the corresponding legal provisions and the choice of punishment for the crime;

1. Of concurrent crimes, entry of Article 37 (former part), Article 38 (1) 2 and Article 50 (3) of the Criminal Act shall be the most severe judgment;

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